Mechanisms Allowing for Mechanisms Allowing for Mechanisms Allowing for Mechanisms Allowing for Integration of the Environment at Agenda Setting, Integration of the Environment at Agenda Setting, Integration of the Environment at Agenda Setting, Integration of the Environment at Agenda Setting, Policy Making and Strategic Levels

Decision-making bodies:

19.3 Mechanisms Allowing for Mechanisms Allowing for Mechanisms Allowing for Mechanisms Allowing for Integration of the Environment at Agenda Setting, Integration of the Environment at Agenda Setting, Integration of the Environment at Agenda Setting, Integration of the Environment at Agenda Setting, Policy Making and Strategic Levels

Policy Making and Strategic Levels

The Constitution (Satversme) does not include any provisions pertaining directly to the environment. In the constitution of the Republic of Latvia on ‘Human and Civil Rights and Duties’ there is the following provision: ‘The protection of nature, cultural environments, landscapes, historical and architectural monuments and the environment shall be the duty of every individual, the general public and the State...’

The development of the Latvian legal framework is very much inspired by the Scandinavian environmental legal systems, especially the Swedish approach to development of coherent environmental protection systems. A draft law ‘On Pollution’ and a draft law ‘On Water Management’ that can be considered as the base for further approximation activities are expected to be adopted by the Cabinet of Ministers in autumn 2000.

EIA requirements since 1990 have been included in Latvian Legislation. The Law on State Ecological Expertise includes what is internationally recognised as EIA. The law that recently has been substituted by new legislation on EIA has helped the establishment of a significant environmental policy implementation instrument. The function of State Ecological Expertise has been to approve plans, programmes and construction projects prior to further development. The law thus did not only apply to individual harmful projects such as factories and roads but also to strategic decisions as ‘pre-planning documentation’, for economic and territorial development, planning and research materials, new technological

developments, draft regulations and methodological instructions for economic and natural resource use.

New legislation in accordance with the EIA Directive has substituted the Law ‘On State Ecological Expertise’. The new EIA provisions emphasise that ‘impact assessment is not required for plans of strategy, action plans, projects of national and development programmes, the adoption of which may have a significant impact on the environment. These plans must include a section providing information on the impact on the environment of the project in question’.

The EC Commission support pre-accession measures that are carried out within the frames of e.g. ISPA (Instrument for Structural Policies for Pre-Accession), SAPARD (Support for pre- accession measures for agriculture and rural development) and TINA (Transport Infrastructure Needs). The projects that are developed and carried out must follow the Structural Funds Process and the SEA stages in Structural Fund Programming.

A public administration reform that can be divided into two phases was initiated in 1990. In the first phase running from 1990-1993 the focus was directed towards the creation of boundaries between politics and administration, and between government and the emerging private sector. The efforts were largely ad hoc in this phase and it was operational rather than strategic issues that dominated. During the on-going second phase emphasis has been placed on decentralisation and development of effective local government. Legislation that divides the powers between central and local levels of government has been put into place – e.g. a Cabinet of Ministers Regulation on Physical Plans. In accordance with these regulations regional and local authorities are responsible for regional and town planning. So far the elaboration of regional and town plans however has turned out to be a difficult task to fulfil.

19.4 19.4 Types of Policies, Plans and Programmes tTypes of Policies, Plans and Programmes tTypes of Policies, Plans and Programmes tTypes of Policies, Plans and Programmes to Which SEA or Similar is Appliedo Which SEA or Similar is Appliedo Which SEA or Similar is Appliedo Which SEA or Similar is Applied

Certain plans must include a section providing information on the environment of the project in question (action plans, projects of national and development programmes, the adoption of which may have significant impact on the environment). Certain projects have to undergo the Structural Funds Process and the SEA Stages in Structural Fund Programming (e.g. ISPA, SAPARD and TINA projects).

19.5 19.5 Institutions/Organisations Responsible for SEA and Integration of theInstitutions/Organisations Responsible for SEA and Integration of theInstitutions/Organisations Responsible for SEA and Integration of theInstitutions/Organisations Responsible for SEA and Integration of the

Environment into Decision-Making

The relevant institutions and organisations responsible for integration of the Environment into decision-making are summarised in Tables 19.1 (national level) and 19.2 (county and municipal level) below.

Table 19.1 Table 19.1 Table 19.1

Table 19.1 Institutions and Organisations at National Level Responsible for Integration.

Approaches Approaches Approaches

Approaches Policy/Plans/ProgrammesPolicy/Plans/ProgrammesPolicy/Plans/ProgrammesPolicy/Plans/Programmes National Level

National LevelNational Level

National Level Involved Institutions/Involved Institutions/Involved Institutions/Involved Institutions/OrganisationsOrganisationsOrganisationsOrganisations Responsible for SEA Responsible for SEA Responsible for SEA Responsible for SEA and/or Integration of and/or Integration of and/or Integration of and/or Integration of Environment Environment Environment Environment

First strategic document at national level

Section providing information on the impact of the environment of the project in question

SEA – in accordance with A Handbook on Environmental Assessment of Regional Development Plans and EU Structural Funds Programmes

Monitoring programme development

National Environmental Policy Plan for Latvia

Sectoral Policies, Plans and programmes

Regional Environmental Development Plans

Structural Funds Programmes

Approximation of EU Environmental Legislation Latvian legal system

Umbrella Laws – New ‘Law on pollution – inspired by the Swedish Environmental Code’

State of the Environment – Annual report

Accepted by the Cabinet of Ministers

Elaborated by MEPRD – Ministry of Environmental Protection and Regional Development Responsible ministry, scientific community, Responsible ministries Committee’s, including experts

Ministries, private Latvian Consultancy Firms, Foreign Pre-Accession Advisers e.g. Environmental Consulting and Monitoring Centre Hydrometeological Institute Geological Survey Regional Environmental Boards

Table 19.2 Table 19.2 Table 19.2

Table 19.2 Institutions and Organisations at County and Municipal Level Responsible for Integration.

Approaches Approaches Approaches

Approaches Policy/Plans/ProgrammesPolicy/Plans/ProgrammesPolicy/Plans/ProgrammesPolicy/Plans/Programmes County and Municipal Levels County and Municipal Levels County and Municipal Levels

County and Municipal Levels Institutions/Institutions/Institutions/Institutions/OrganisationsOrganisationsOrganisationsOrganisations

Responsible for SEA or Responsible for SEA or Responsible for SEA or Responsible for SEA or Integration of Integration of Integration of Integration of Environment Environment Environment Environment

•Top-down – policy guidelines and directives, legal provisions and regulations

Guidance from Spatial planning division, MEPRD

Awareness raising: Example

•Public participation •Training/guidance

Implementation of National Policy Goals

•Planning •EIA

•Administration/protection and use of environment and natural resources

•Service Provision (e.g. Water supply)

Spatial planning

lack of linkage to inter alia EIA system, environmental licensing system

Rights and duties of citizens - Important basic principle; the right to ‘freely acquire and disseminate information’ e.g. regarding the environment. Each person has also the right to express views and idea’s. NGO’s started to development in end of the 1980s and so far some of them have co-operated with state institutions but the NGO’s until now have been most active in rural areas. 4 Regions, 26 Districts Regional Councils Municipal Councils 8 Regional Environmental Boards Environmental Impact Assessment Board Municipalities Regional and Local Councils

Institutions that are responsible for provision of information

e.g. Regional Agricultural Department

e.g. Agricultural Advisory Service

e.g. regional and local planning authorities

19.6 19.6 Persons Involved in Agenda Setting Process and Their Level of Influence inPersons Involved in Agenda Setting Process and Their Level of Influence inPersons Involved in Agenda Setting Process and Their Level of Influence inPersons Involved in Agenda Setting Process and Their Level of Influence in

Decision-Making and Integration of Environmental Considerations

Seima (Parliament) Cabinet of Ministers

Ministry of Environment and Regional Development – includes an European Integration Unit

Project teams developing various plans and programmes covering different sectors (experts, interest organisations, civil servants)

NGOs – most important role – self-government in local government. Regional Councils

19.7 19.7 Decision-Making Bodies and Influence of Domestic Background and Sector;Decision-Making Bodies and Influence of Domestic Background and Sector;Decision-Making Bodies and Influence of Domestic Background and Sector;Decision-Making Bodies and Influence of Domestic Background and Sector;

Key Pieces of Legislation

Constitutional Law on the Right and Duties of Citizens, Civil Law,

Law on the State Ecological Expertise (replaced but still important for explanations on systems and functions)

Draft Law on Pollution, Draft Law on Water Management (Basic environmental legislation and organisation) Sub-ordinate enactments and regulations

Legislation of Efficient Energy Use, legislation on Waste Management Territorial planning legislation, land law, Nature Conservancy Legislation

• Contacts:Contacts:Contacts:Contacts:

- Bo Frederiksen, Pre-accession Advisor, Latvian – Danish Twinning Project.

- Laila Kule, Head of Spatial Planning Division, Department of Regional Development, MEPRD. - Gatis Pavlis, Danish Local Project Co-ordinator in Latvia

Chapter 20 New Zealand

20.1 20.1 IntroductionIntroductionIntroductionIntroduction

The economy of New Zealand, the island nation in the South Pacific Ocean, is largely based on its natural resources. As a result, there have long been environmental and resource protection measures in place. In an effort to consolidate the myriad local and national legislation, the Resource Management Act (RMA) was passed and implemented in 1991. The RMA is the basis for all resource management and environmental protection laws in New Zealand. The cornerstone of the RMA is the concept of sustainable management. Any action within the scope of the RMA must satisfy the principles of sustainability set forth in the RMA. The government followed up the RMA with the “Environment 2010 Strategy” published in 1994. The Environment 2010 Strategy is a long-term strategic plan that outlines some broad environmental goals. The Strategy identifies the government’s five key environmental management goals: (1) integrate environmental, economic and social polices, (2) establish and maintain a coherent framework of law, (3) sharpen the policy tools, (4) build up the information base, and (5) involve people in decision-making. The Strategy is meant to both effectively reinforce the RMA processes as well as move New Zealand towards a more integrated system that promotes sustainable development.

20.2 20.2 Extent to Which the Environment is Extent to Which the Environment is Extent to Which the Environment is Extent to Which the Environment is Integrated into Decision-MakingIntegrated into Decision-MakingIntegrated into Decision-MakingIntegrated into Decision-Making

The integration of the environment into decision-making in New Zealand is addressed by the comprehensive Resource Management Act (RMA). The RMA prescribes a devolved model of decision-making relying on the level of government closest to the issue. The RMA also recognizes the right of the Maori, the indigenous people of New Zealand, to the nation’s natural resources and incorporates the Maori interest in decision-making. The role of the central government is to set national environmental standards, determine national environmental policy and to monitor the implementation of the RMA. The regional governments, of which there are sixteen (16), provide more localized statements of environment policy and set out a general framework for the region’s natural resources. It is the most local level of government, the district government that makes many decisions directly affecting the environment. There is some overlap between the levels of government and jurisdictional responsibility, but it is the district or regional governments that generally handle compliance with environmental standards and the issuance of permits.

20.3 20.3 Mechanisms Allowing for Integration of the Environment at Agenda Setting,Mechanisms Allowing for Integration of the Environment at Agenda Setting,Mechanisms Allowing for Integration of the Environment at Agenda Setting,Mechanisms Allowing for Integration of the Environment at Agenda Setting,

Policy Making and Strategic Levels

The Ministry for the Environment is the national government organization that is responsible for the integration of environmental factors into decision-making. The Ministry’s role is twofold: the Ministry advises the government on the environment and on various policies and their impacts on the environment and the Ministry also co-ordinates with others (more localized levels of government as well as businesses, NGOs, the public) to achieve effective environmental management, mainly through the RMA. The national government's environmental objectives are set forth in the "Environment 2010 Strategy." Included in the 2010 Strategy is an environmental management agenda with the goal of “integrat[ing] environmental, social and economic factors into the mainstream of decision-making in all sectors, at all levels.”

The practical implementation of the RMA and the Environment 2010 Strategy is occurring at the regional and district levels. Directly elected local authorities are responsible for preparing regional policy statements and plans. All regional and district policies and plans must be consistent with and reflect national policy statements and standards, and all must uphold the principle of sustainable management. Some local authorities have formulated comprehensive strategic plans based on the principles of sustainability while others have developed limited strategic environmental plans.

20.4 20.4 Types of Policies, Plans and Programmes to Which SEA or Similar is AppliedTypes of Policies, Plans and Programmes to Which SEA or Similar is AppliedTypes of Policies, Plans and Programmes to Which SEA or Similar is AppliedTypes of Policies, Plans and Programmes to Which SEA or Similar is Applied

On the national level, executives of all government departments proposing activities that will affect the environment are asked to consider environmental goals in their annual budget planning process. In addition, the Ministry for the Environment was assigned a reporting function that gives it the authority to review the policies of other departments if they have the potential for significant environmental impact. The Ministry and to a lesser extent the regional authorities promulgate environmental policy goals and environmental indicators to foster effective national environmental management. The RMA also requires Environmental Impact Assessments (EIAs) for all regional and district policies, plans, and programmes, as well as for all projects requiring permits. The Act requires the assessment of a number of factors beyond those traditionally considered in EIAs, including risk, social impact, and technology assessments.

20.5 20.5 Institutions/Organisations Responsible for SEA and Integration of theInstitutions/Organisations Responsible for SEA and Integration of theInstitutions/Organisations Responsible for SEA and Integration of theInstitutions/Organisations Responsible for SEA and Integration of the

Environment into Decision-Making

The Ministry for the Environment is responsible for formulating environmental standards and polices as well as for compliance with the RMA. The incorporation of environmental considerations into the decision-making process occurs mainly at the regional or district level of government.

20.6 20.6 Persons Involved in Agenda Setting Process and Their Level of Influence inPersons Involved in Agenda Setting Process and Their Level of Influence inPersons Involved in Agenda Setting Process and Their Level of Influence inPersons Involved in Agenda Setting Process and Their Level of Influence in

Decision-Making and Integration of Environmental Considerations

The Ministry of the Environment is managed by the Chief Executive and Secretary for the Environment. The Chief Executive oversees numerous policy groups within the Ministry purview, including a Resource Management Group, Standards and Indicators Group, Land and Water Group, Pollution and Waste Group, Sustainable Management Fund, a Strategic Policy Group (developing analytical frameworks for longer-term policy work), an Environmental Policy Group, the Maruwhenua (advice and information on Maori and Treaty of Waitangi issues in relation to environmental and resource management policies) as well as Regional Offices who liase with regional and territorial local authorities. The only national policy statement for which the government is directly responsible is the Coastal Policy Statement, dealing with national priorities for the management of the country's coastal environment. This is the responsibility of the Minister of Conservation. Environmental policy plans are otherwise formulated at the regional and district level and must be consistent with the national sustainability guidelines.

20.7 20.7 Decision-Making Bodies and Influence of Domestic Background and Sector;Decision-Making Bodies and Influence of Domestic Background and Sector;Decision-Making Bodies and Influence of Domestic Background and Sector;Decision-Making Bodies and Influence of Domestic Background and Sector;

Key Pieces of Legislation

Decision-making bodies:

Ministry for the Environment - policy advisory role and an added reporting function that allows it to review all government departmental proposals that would have significant environmental impacts.

Parliamentary Commissioner for the Environment - independent auditor of central and local governments' environmental policies.

Department of Conservation - plays a strong environmental advocacy role in the development of conservation policy, particularly in regard to coastal management. Planning tribunal- environmental court which acts as a court of appeals regarding the

planning and implementation of the RMA. Regional / district councils.

Key legislation:

Resource Management Act 1991 (RMA)

The Biosecurity Act of 1993 - which prevents the introduction of unwanted organisms and provides for strategies to manage pests, weeds, and diseases

The Forests Amendment Act of 1993 - sustainable management of New Zealand's indigenous production forests

Fisheries Act 1996 - provides for the use, conservation, enhancement and development of fisheries resources

Hazardous Substances and New Organisms Act 1996 - establishes the Environmental Risk Management Authority (ERMA) to assess hazardous substances or new organisms Ozone Layer Protection Act 1996 - designed to facilitate compliance with the Montreal

Chapter 21 Norway

21.1 21.1 IntroductionIntroductionIntroductionIntroduction

Norway is a unitary state. The central government is responsible for formulating national policy objectives. For many policy areas the responsibility for service delivery and administration is shared between central and local levels of government. Norway is divided into 19 counties and 435 municipalities. The relationship between these two levels is a sharing of responsibilities within various areas rather than hierarchical.

As a non-EU Member State Norway has to bring its laws and regulation in accordance with the European Economic Area (EEA) Agreement. Since the beginning of the 1990s and especially after 1996 the environmental policy has been elaborated on the basis of the overall objective of sustainable development, which has been trickled down through

In document SEA and Integration of the Environment into Strategic Decision- Making (Page 112-124)